Sec. 15-87. Service of process against nonresident owners and operators.
Sec. 15-87. Service of process against nonresident owners and operators. Any
nonresident of this state who is the operator or owner of any aircraft and who accepts
the privileges extended by the laws of this state to nonresident operators and owners of
aircraft of using its aviation facilities, or of having the same operated over, or who
operates an airplane above or upon, the territorial limits of this state, shall, by such
operation, be deemed to have appointed the commissioner, his agent and attorney for
the service of process in any civil suit or proceeding instituted in the courts of this state
against such operator or owner arising out of or by reason of any accident or collision,
occurring within or above the state, in which such aircraft is involved. Such process
shall be served by the officer to whom the same is directed upon the commissioner by
leaving at the office of said commissioner, at least twelve days before the return day of
such process, a true and attested copy thereof, and by sending to the defendant at his
last-known address by registered or certified mail, postage prepaid, a like true and attested copy, with an endorsement thereon of the service upon said commissioner. The
officer serving such process upon the commissioner shall pay to said commissioner at
the time of service a fee of five dollars, which fee shall be taxed as costs in the case.
Said commissioner shall keep a record of each such process and the day and hour of the
service thereof upon him. This section shall extend the right of service of process upon
nonresidents and shall not limit any existing provisions for the service of process. Such
service shall be sufficient to confer jurisdiction of any such action upon the court to
which such process is returnable, and such court may proceed to determine the issues
in such action and render final judgment with or without any further action by such
court concerning further order of notice to such operator or owner.
(1949 Rev., S. 4831-4834; 1959, P.A. 322, S. 1; 1969, P.A. 768, S. 188.)
History: 1959 act increased fee for service of process on director; 1969 act replaced "director of aeronautics" and
"director" with "commissioner", referring to commissioner of transportation.
See Sec. 15-106 re policy or bond requirements.